Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47659 of 2021 Applicant :- Mohit Opposite Party :- State of U.P.
Counsel for Applicant :- Brijesh Kumar Srivastava,Sonu Kumar Upadhyay Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar Ojha,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Mohit seeking enlargement on bail during trial in connection with Case Crime No. 30 of 2021, under Section 307 I.P.C. P.S.- Knowledge Park, District- Gautam Buddh Nagar.
Submission of learned counsel for the applicant is that the applicant is innocent and has been falsely implicated. In the alleged incident of firing, no police personnel sustained firearm injury. No specific role has been assigned to the applicant. Applicant has explained criminal history in para 13 of the affidavit, filed in support of the bail application. He further submitted that co-accused Nitish Kashyap and Dr. Abhishek have already been granted bail by co-ordinate Bench of this Court in Criminal Misc. Bail Application Nos. 19931 of 2021 and 23324 of 2021, vide orders dated 24.09.2021 and 23.09.2021 and claimed parity. He next submitted that the applicant is languishing in jail since 22.01.2021.
Per contra, learned A.G.A. opposed the prayer for bail, however, conceded the factum of parity.
Nature of accusation, evidence collected by I.O. in support of the charge, gravity of offence, nature and severity of punishment in case of conviction, complicity of accused and all other attending circumstances were duly considered.
In view the above on the ground of parity a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant Mohit involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the court concerned with the following conditions;
1. The applicant shall not tamper with the evidence or threaten the witnesses.
2. The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.
3. During trial, he shall not indulge in any criminal activities.
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
Order Date :- 23.12.2021 v.k.updh.